Federal Courts Rules (SOR/98-106)

Court Fees

Registry Fees

• Marginal note:Fees payable on issuance

  • 1 (1) A party shall pay the following fees for the issuance of

    • (a) a statement of claim

      • (i) under section 48 of the Federal Courts Act $2

      • (ii) in a simplified action or in an appeal that proceeds by way of action $50

      • (iii) in any other action $150

    • (b) a statement of defence and counterclaim adding a party

      • (i) in a simplified action $50

      • (ii) in any other action $150

    • (c) a third or subsequent party claim

      • (i) in a simplified action $50

      • (ii) in any other action $150

    • (d) a notice of application $50

    • (e) a notice of appeal, other than appeals of prothonotaries’ and referees’ orders $50

    • (f) a subpoena

      • (i) in a simplified action $15

      • (ii) in any other proceeding $30

    • (g) a writ of execution

      • (i) in respect of a judgment in a simplified action $15

      • (ii) in respect of a judgment in any other proceeding $30

    • (h) an Anton Piller order, per defendant $50

  • Marginal note:Fees payable on filing

    (2) A party shall pay the following fees for the filing of

    • (a) a notice of motion for an extension of time to commence a proceeding $20

    • (b) a notice of motion for leave to commence a proceeding $30

    • (c) a notice of motion for summary judgment

      • (i) in an appeal that proceeds by way of action $100

      • (ii) in any other action $300

    • (c.1) a notice of motion for a summary trial $50

    • (d) a requisition for a pre-trial conference

      • (i) in a simplified action or an appeal that proceeds by way of action $100

      • (ii) in any other action $300

    • (e) a requisition under rule 155 to fix the time and place for the hearing of a reference

      • (i) in a simplified action or in an appeal that proceeds by way of action $50

      • (ii) in any other action $150

    • (f) a requisition for a hearing date in an application or appeal in the Federal Court $50

    • (g) a caveat warrant, caveat release or caveat payment $20

    • (h) an order of a tribunal under rule 424 in the case of a party other than the Crown $20

    • (i) the first document, in each separate claim, after the Court has ordered, pursuant to paragraph 106(a), that claims against one or more parties be pursued separately (plaintiff only) $150

  • Marginal note:Fees payable for paper copies

    (3) A person requesting paper copies of documents from the Registry shall pay $0.40 per page.

  • Marginal note:Fees payable for digital recording

    (4) A person requesting a digital recording of all or part of any day of a proceeding from the Registry shall pay $15 per recording.

• Marginal note:Fees payable for trial or hearing

  2 Where a trial or hearing in the Federal Court lasts more than three days, each party who participated at the trial or hearing shall pay a fee determined by applying the formula

  [(A × B) + C] / D

  where

  A

  is

  • (a) in respect of the hearing of a reference ordered under rule 153, $75, and

  • (b) in respect of any other trial or hearing, $150;

  B

  is the number of days of trial or hearing in excess of three;

  C

  is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days; and

  D

  is the number of parties who participated at the trial or hearing.

Witnesses

• Marginal note:Witness fees

  • 3 (1) Subject to subsection (2), a witness is entitled to be paid by the party who arranged for or subpoenaed his or her attendance $20 per day plus reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater.

  • Marginal note:Expert witness

    (2) Where a witness, other than a party, is an expert witness, the daily rate referred to in subsection (1) shall be $100.

  • Marginal note:Additional costs to witness

    (3) A party may pay a witness, in lieu of the amount to which the witness is entitled under subsection (1) or (2), a greater amount equal to the expense or any loss incurred by the witness in attending a proceeding.

  • Marginal note:Amount established by contract

    (4) In lieu of the amounts to which an expert witness is entitled under subsections (1) and (2), a party may pay the expert witness a greater amount established by contract for his or her services in preparing to give evidence and giving evidence.

Court Officers

• Marginal note:Services of court officers

  4 Subject to section 5, the amount payable for the services of a sheriff or of a person referred to in subsection 89(2) shall be the amount permitted for similar services by the tariff of the superior court of the province in which the services were rendered.

• Marginal note:Sheriff’s services where no tariff provided

  5 Where the practice of the superior court of the province in which a writ was executed does not provide for sheriff’s fees realizable on execution, the following fees and disbursements are payable to a sheriff on execution:

  • (a) on the amount recovered up to and including $1,000, five per cent of that amount;

  • (b) on the amount recovered in excess of $1,000 and up to and including $4,000, two and one-half per cent of that amount;

  • (c) on the amount recovered in excess of $4,000, one and one-half per cent of that amount; and

  • (d) mileage in respect of seizure and sale and all reasonable and necessary disbursements incurred in the care and removal of property.